THOMAS KELLY, WILLIAM KELLY.
31st October 1810
Reference Numbert18101031-24
VerdictsGuilty; Not Guilty
SentencesImprisonment > newgate; Corporal > public whipping

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796. THOMAS KELLY was indicted for feloniously stealing on the 8th of October , three pound weight of soap, value 2 s. 6 d. the property of John Jesse Coward ; and WILLIAM KELLY for feloniously receiving the same soap, knowing it to be stolen .

JOHN JESSE COWARD . I am a wholesale soap dealer : I live at Charles-street, Mile-end, New-town . The prisoner, Thomas Kelly , was my carman . In consequence of information we detected the prisoner. On the 8th of October, Thomas Kelly took soap out of my premises in my cart, to deliver to customers.

Q. Do you know the person of William Kelly - A. He has been at my house, he was a labourer at the India house . I and the city officers placed ourselves at a house in Grub-street; I saw the curt draw up at the bottom of Chaple-street, in Grub-street .

DANIEL LEADBETTER . I am one of the marshalmen of the city. On Monday, the 8th of October Cartwright and I went to the house of Mr. Davis, about three o'clock in the afternoon, we went there to see if the prosecutor's cart came there. It came, I saw Thomas Kelly , who came with the cart, get into the cart close by Mr. Davis's house; I saw him stoop into the soap box three or four times; he got out of the cart and went up Chapel-street. I sent Cartwright down stairs to see where he went to. Cartwright and I went into the house to a one pair of stairs-room, I found the two prisoners at the bar. William Kelly lived at the second house in Chapel-street. I found this cake of soap on a desk in the left hand side of the room. We searched the room and found no more soap. I asked them how they came by the soap; Thomas Kelly said, there was no more, it was the first he had taken. William Kelly denied any knowledge of the soap first, and then, afterwards, he said, that was all that was brought in.

DANIEL CARTWRIGHT . Q. Were you upon the watch with the other witness - A. Yes.

Q. Who was the person that drove the cart - Thomas Kelly .

Q. Were there any other person with him - A. There was a person with him in Chiswell-street when he was driving the cart, who that person was I did not take notice, for fear I should be noticed; I watched him along Chiswell-street, he turned into Grub-street, he got up into the cart and took something out; I told Mr. Coward and Leadbetter that he was coming. I followed him into the house he went to; I found him in the room of his brother. Leadbetter told him that he had come there for some soap; the room was dark, they seemed confused, they denied that there was any soap there at all. Then Leadbetter

went to the desk and found the soap. Thomas Kelly said, he was very sorry, it was the first he had taken.

Thomas Kelly 's Defence. I am innocent, and likewise my brother is innocent.

William Kelly 's Defence. I am quite ignorant and innocent of it, I never saw the soap.

Thomas Kelly called two witnesses who gave him a good character.

William Kelly called eight witnesses who gave him a good character.

THOMAS KELLY , GUILTY , aged 30.

Confined six months in Newgate and publicly whipped .

WILLIAM KELLY , NOT GUILTY .

London jury, before Mr. Common Serjeant.


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